MINUTES OF THE MEETING OF THE MAYOR AND COMMITTEE OF THE TOWNSHIP OF WANTAGE, HELD AT THE WANTAGE TOWNSHIP MUNICIPAL BUILDING, 888 STATE HIGHWAY 23, WANTAGE, N.J. ON THE DATE OF OCTOBER 11, 2007

Mayor William DeBoer called the meeting of the Mayor and Committee of the Township of Wantage to order, and requested the Clerk to call the roll. Upon roll call, the following members of the governing body were present: Mayor DeBoer, Committee member Space. The following member was absent: Parrott. Also present: Township Attorney Representative Ursula Leo.

Mayor DeBoer stated, “This meeting is being held in compliance with the provisions of the Open Public Meetings Act, Public Laws 1975, Chapter 231. It has been properly noticed and posted to the public, and certified by the Clerk."

Mayor DeBoer led the assembly in the Salute to the Flag.

CONSENT AGENDA
Mayor DeBoer requested that the members of the Committee Review the Consent Agenda. There being no Committee member present wishing to comment on the proposed Consent Agenda, Mayor DeBoer requested approval of the Consent Agenda.

APPLICATIONS
Mr. Space moved to approve Raffle Application RA07-22 to St. Monica’s Roman Catholic Church, to conduct an off premise 50/50 raffle drawing on November 16, 2007 at High Point Regional High School. Mayor DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Space Nays: None Absent: Parrott Abstain: None

Mr. Space moved to approve Raffle Application RA07-23 to St. Monica’s Roman Catholic Church, to conduct an on premise merchandise raffle drawing on November 16, 2007 at High Point Regional High School. Mayor DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Space Nays: None Absent: Parrott Abstain: None

Mr. Space moved to approve Raffle Application RA07-24 to Sussex Woman’s Club to conduct an on premise merchandise raffle drawing on November 6, 2007 at High Point Regional High School. Mayor DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Space Nays: None Absent: Parrott Abstain: None

Mr. Space moved to approve Raffle Application RA07-25 to Sussex Woman’s Club to conduct an on premise 50/50 raffle drawing on November 6, 2007 at High Point Regional High School. Mayor DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Space Nays: None Absent: Parrott Abstain: None

REPORTS
Mr. Space moved to approve the following reports for filing:
Report of the Tax Collector for the Tax Sale of October 10, 2007
Report of the Tax Collector for the month of September 2007
Report of the Construction Office for the month of September 2007
Report of the Board of Health for the month of September 2007
Report of the Registrar of Vital Statistics for the month of September 2007
Report of the Municipal Clerk for the month of September 2007
Mayor DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Space Nays: None Absent: Parrott Abstain: None

RESOLUTIONS
Mr. Space moved to approve Payment of Bills for the meeting of October 11, 2007. Mayor DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Space Nays: None Absent: Parrott Abstain: None

Mr. Space moved to authorize the Mayor to sign the Developer’s Agreement with Jaret Builders for Block 132, Lot 3.20, based on input from Township Engineer and Township Attorney that the Agreement meets all requirements for consideration of approval. Mayor DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Space Nays: None Absent: Parrott Abstain: None

Mr. Space moved to approve Change Order #1 to the contract with Earth-Tec Associates for Phase IV Improvements to Woodbourne Park, representing a $5,091 reduction in total contract price for an adjusted total contract of $154,388.25. Mayor DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Space Nays: None Absent: Parrott Abstain: None

Mr. Space moved to accept the Project entitled “Proposed Recreation Facilities for Wantage-Woodbourne Park – Phase IV, completed by the contractor, Earth-Tec Associates, as per letter of recommendation dated October 1, 2007 by Township Engineer Harold Pellow. Mayor DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Space Nays: None Absent: Parrott Abstain: None

Mr. Space moved to appoint Stuart Baker, Robert Potter, Diane Bauman and Michele Vanderploeg to membership on the Wantage Township Dog Park Subcommittee of the Wantage Township Recreation Commission, for terms running through December 31, 2007. Mayor DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Space Nays: None Absent: Parrott Abstain: None

Mr. Space moved to authorize refund of seeding and haying permit fee to Susan Keenan and Mark Smolen for Permit 2007-SH-16 in the amount of $2,500 on Block 121 Lot 3.03. Mayor DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Space Nays: None Absent: Parrott Abstain: None

Mr. Space moved to authorize refund of tax overpayment to Chase Home Finance in the amount of $4,681.82 on Block 103 Lot 20. Mayor DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Space Nays: None Absent: Parrott Abstain: None

Mr. Space moved to authorize Refund of 2006 Homestead Rebate check balances for Block 154, Lot 10.02; Block 132, Lot 1.02; Block 132, Lot 14.01; Block 42, Lot 8.08; Block 61, Lot 9; Block 103, Lot 15. Mayor DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Space Nays: None Absent: Parrott Abstain: None

Mr. Space moved to authorize the Mayor and Clerk to sign the Cancellation of Tax Sale Certificate No. 06-04 in the amount of $123.76 on Block 79 Lot 2 as per recommendation of Tax Collector. Mayor DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Space Nays: None Absent: Parrott Abstain: None

Mr. Space moved to appoint Ed Vander berg as the temporary Interim Building Sub Code Official of Wantage Township for a term running through December 31, 2007. Mayor DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Space Nays: None Absent: Parrott Abstain: None

Committee Member Jeffrey Parrott joined the meeting at 8:06 p.m.

ADMINISTRATOR’S REPORT

Mayor DeBoer requested Mr. Doherty to give the Administrator’s report.

Snow Plowing Bid:
Mr. Doherty has prepared bid specifications for a private snow-plow operator to handle the plowing, sanding and salting of seven streets in town. Bid opening will take place on November 8.

Open Space Negotiations:
Mr. Doherty has obtained two price quotes from Professional Appraisers to proceed with the fair market appraisals on parcels of land of interest to the open space preservation effort. Both quotes come in above the $5,000 threshold for the Administrator to make a decision. Mr. Doherty recommends awarding a contract to Ron Rebish to provide fair market value appraisals in a contract totaling $5,800. The governing body decided to hold a brief executive session later in this meeting, to review the status of negotiations on the parcels of interest.

Request for Standard Operating Procedure to handle Refund of Fair Share Payments:
Mr. Doherty asked the Governing Body to see the attached proposed policy, and proposed Fee Ordinance amendment, which would create a policy where Wantage Township would retain a $200 administrative fee from any COAH payment if the developer requests a refund. Mr. Parrott suggested the Township attach our policy to deposit paperwork so the applicant is aware that this amount will be withheld if they were to ask for a valid refund of fair share payments.

Mr. Space moved to authorize the Standard Operating Procedure to Handle Refund of Fair Share Payments. Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Introduction Ordinance 2007-15: Fee Schedule Amendment
Mr. Space made a motion to introduce on first reading Ordinance 2007-15, entitled “AN ORDINANCE AMENDING CHAPTER XXI OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WANTAGE”. Mr. Parrott seconded the motion. Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Issue of Sex offender Residency Ban Ordinances:
Mr. Doherty informed the Committee that various Sussex County municipalities have recently adopted ordinances to create buffer zones around schools, day care centers, and other establishments where children congregate, which prohibit convicted sex offenders from living within those buffer areas. Newton recently took this concept one step further, by adopting an ordinance that prohibits the worst sex offenders (those deemed most likely to repeat their crime) from being able to live any where within their municipality. If the Wantage Township public asks the Committee to take local action in this regard because they do not want to wait for the State to do it, the governing body will need to make a decision regarding what the Committee believes represents the best interests of the community, while understanding that the likelihood of an ordinance such as this surviving a legal challenge is minimal, at best.

ATTORNEY’S REPORT
Mayor DeBoer requested Ms. Leo to give the Attorney’s report. Ms. Leo indicated she had nothing new to report.

COMMITTEE REPORTS

Mr. Parrott indicated that during a recent court case the Township’s zoning ordinances were upheld.

OLD BUSINESS

Lake Neepaulin Dam
Mr. Doherty is in the process of scheduling a special meeting to get public input regarding the question of whether Wantage Township will co-sign a loan to repair the damn.

Sign Ordinance
Mr. Doherty will meet with Jim Smith, Land Use Chairman, to have a few questions addressed and will report on the progress at the October 25th meeting. Mr. Parrott would like Mr. Smith present at this meeting.

Outdoor Furnace Regulations – Proposed Ordinance 2007-11
A brief discussion ensued regarding the need for Wantage Township to adopt an ordinance on this topic.

Mr. Space made a motion to defeat Ordinance 2007-11, entitled “AN ORDINANCE REGULATING THE INSTALLATION AND USE OF OUTDOOR FURNACES”. Mr. Parrott seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

The members of the governing body agreed to re-visit this issue later in the month of November.

Billie Aikens, 117 Mt. Salem Road, informed the Committee that she is still having problems with her neighbor and his wood stove. The Committee informed Ms. Aikens that while they are sympathetic to her problem, a new ordinance would only regulate new installations and her concerns about her neighbor would fall under the jurisdiction of the NJDEP.

NEW BUSINESS

Final Adoption of Ordinance 2007-10: Zoning Violations
Mr. Parrott moved to adopt on final reading, Ordinance 2007-10, entitled “AN ORDINANCE TO AMENDING CHAPTER 13 OF THE GENERAL ORDINANCES OF TOWNSHIP OF WANTAGE ENTITLED “ZONING”, SPECIFICALLY §13-26 ENTITLED “VIOLATIONS”. Mr. Space seconded the motion.
Prior to final roll call, Mayor DeBoer opened the meeting to the public for any questions or concerns with this proposed Ordinance. There being no one present wishing to address the governing body at this time, Mayor DeBoer closed the meeting and requested a roll call vote. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Final Adoption of Ordinance 2007-14: Soil Erosion and Sediment Control
Mr. Parrott moved to adopt on final reading, Ordinance 2007-14, entitled “AN ORDINANCE REPEALING THE TOWNSHIP’S EXISTING SOIL EROSION AND SEDIMENT CONTROL ORDINANCES CONTAINED IN CHAPTER XVII OF THE TOWNSHIP’S GENERAL ORDINANCES AND TRANSFERRING THE RESPONSIBILITY FOR SOIL EROSION AND SEDIMENT CONTROL TO THE SUSSEX COUNTY SOIL CONSERVATION DISTRICT.” Mr. Space seconded the motion.

Prior to final roll call, Mayor DeBoer opened the meeting to the public for any questions or concerns with this proposed Ordinance. There being no one present wishing to address the governing body at this time, Mayor DeBoer closed the meeting and requested a roll call vote. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Approval of Minutes
Mr. Space made a motion to approve the minutes of the Regular and Executive session minutes of the meeting of the Mayor and Committee of the Township of Wantage held on September 27, 2007. Mr. Parrott seconded the motion. Upon Roll call:
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

OPEN PUBLIC SESSION

Mayor DeBoer opened the meeting to the public for any questions or comments.

Elizabeth Shevlin, Pine Ridge Road, Lake Neepaulin indicated that last year was the first time she experienced problems with the lateness in which her road was plowed for snow. Ms. Shevlin was informed that one of the snow plow trucks was damaged during a major snow storm last year. Mr. Doherty stated that he will look into her concerns.

Joy Steinbacker, 24 Hudson Ave, asked for the name of the engineering firm who performed the ground water studies. Mr. Parrott informed her that Dan Kent, Dykstra Engineering, will be invited to the public hearing regarding the Lake Neepaulin dam repairs.

Being no one else from the public wishing to address the Committee, Mayor DeBoer closed the meeting to the public.

Mr. Space made a motion to enter into executive session as follows:
WHEREAS, the Open Public Meetings Act, P. L. 1975, Chapter 231 permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exist; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Committee of the Township of Wantage, that the public shall be excluded from discussion of the following matters: negotiations and attorney client privilege: open space negotiations. BE IT FURTHER RESOLVED that Minutes will be kept on file in the municipal clerk’s office, and once the matter involving the confidentiality of the above no longer requires that confidentiality, then the minutes shall be made public.
Mr. Parrott seconded the motion. Upon roll call,
Ayes: Parrott, DeBoer, Space Nays: None Absent: None Abstain: None

After meeting in closed executive session, the members of the governing body reconvened in open session and continued with the regular order of business.

Mr. Space made a motion to hire Ron Rebish, professional land appraiser, to prepare a fair market value report for Block 113, Lot 11.01, in the amount of 3,000.00, for preservation of a 129 acre COAH site. Mr. Parrott recused himself. Mayor DeBoer seconded the motion. Upon roll call:
Ayes: DeBoer, Space Nays: None Absent: Parrott Abstain: None

Mr. Parrott returned to his seat at the Committee Table.

Mr. Parrott made a motion to hire Ron Rebish, professional land appraiser, to prepare a fair market value report for Block 17, Lot 27, in the amount of 2,800.00, for preservation of a 132.19 acre COAH site. Mr. Space seconded the motion. Upon roll call: Ayes: Parrott, DeBoer, Space Nays: None Absent: None Abstain: None

There being no other items for consideration at this time, Mr. Space moved to adjourn the meeting. Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Space Nays: None Absent: Parrott Abstain: None

Mayor DeBoer declared this meeting to be adjourned.

_________________________________
James R. Doherty, Administrator/Clerk